What is CASL?
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If you send commercial email to anyone in Canada, CASL (Canada's Anti-Spam Legislation) applies. It received Royal Assent in December 2010, with enforcement beginning July 1, 2014. It's widely considered one of the world's strictest anti-spam laws. Unlike CAN-SPAM's opt-out model, CASL requires prior consent before sending commercial email, regardless of where you're based.
The law distinguishes between express consent (explicit opt-in that doesn't expire) and implied consent (permission inferred from a transaction or inquiry, with a hard expiration date). Express consent requires clear, affirmative agreement. CASL prohibits pre-checked consent boxes and requires documented proof that consent was obtained.
CASL's scope is broader than email alone. It also regulates software installation, altered transmission data, and false or misleading representations in electronic messages. Enforcement comes from CRTC (Canadian Radio-television and Telecommunications Commission), with penalties reaching $10 million per violation for businesses.
If you send to any global list, you almost certainly have Canadian recipients, which means CASL applies. Start by confirming you're in scope, then check whether you have valid consent documented for each Canadian contact before your next send.
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